The Court of Appeals for the Armed Forces has ruled that the military can prosecute a Marine for assault, even after the Office of Special Trial Counsel (OSTC) declined to pursue charges of domestic violence related to the same incident. This decision, made on September 1, 2026, affects how military prosecutors handle cases involving serious offenses, including domestic violence.
The case, United States v. Kruse, No. 26-0156/MC, arose from allegations against Corporal Thomas E. Kruse of the United States Marine Corps. The ruling clarifies the authority of military prosecutors under the Uniform Code of Military Justice (UCMJ) and the role of the OSTC in such cases.
This ruling is significant as it sets a precedent for how similar cases may be handled in the future, potentially impacting many service members facing allegations of serious offenses.
Background
Corporal Thomas E. Kruse was accused of domestic violence against his wife, RK, in September 2024. Law enforcement responded to a domestic disturbance at their home, where RK alleged that Kruse had strangled her and pushed her down the stairs. Following these allegations, Kruse's commanding officer issued a military protective order (MPO) against him.
The OSTC, established by the National Defense Authorization Act for Fiscal Year 2022, has exclusive authority over serious offenses such as domestic violence and sexual assault. In Kruse's case, the OSTC initially determined that there was probable cause for domestic violence but later decided not to prosecute, citing insufficient evidence to meet the charging standard.
Despite the OSTC's decision, the convening authority referred charges against Kruse to a general court-martial for offenses including violation of the MPO and aggravated assault. Kruse entered a plea agreement, admitting to some charges while others were dismissed. However, the military judge overseeing the case questioned whether the convening authority had jurisdiction to proceed with the charges after the OSTC's involvement.
The Ruling
The Court of Appeals for the Armed Forces ultimately ruled that the convening authority did have the right to prosecute Kruse for the assault charges. The court explained that the OSTC's deferral of the case did not prevent the convening authority from pursuing non-covered offenses related to the same conduct.
The court ruled, "the plain language of the statute is clear. Following the OSTC’s deferral, the [convening authority] may exercise any of the authorities of such a commander or convening authority with respect to such offense, except that such commander or convening authority may not refer charges and specifications for a covered offense for trial by special or general court-martial."
Judge Johnson delivered the opinion of the court, with the decision supported by Chief Judge Maggs, Judge Ohlson, Judge Sparks, and Judge Hardy. The court emphasized that the OSTC's initial determination of a covered offense does not convert subsequent charges by the convening authority into covered offenses.
Impact
This decision has significant implications for military law and how allegations of domestic violence are prosecuted. It clarifies that even if the OSTC chooses not to pursue a covered offense, the convening authority can still prosecute related non-covered offenses. This ruling could lead to more cases being prosecuted in military courts, as it allows for flexibility in how charges are brought against service members.
Furthermore, this ruling may affect the balance of power between the OSTC and convening authorities, potentially leading to more scrutiny of how cases are handled within the military justice system. It raises questions about the future of prosecutorial discretion in cases involving serious offenses and the protections available to service members.
What's Next
Details were not available in the court filing regarding whether this ruling could be appealed. However, it is likely that the implications of this decision will be closely monitored, especially in light of ongoing discussions about military justice reform and the handling of serious offenses such as domestic violence.